LCO No. 3480 1 of 3 General Assembly Raised Bill No. 6472 January Session, 2021 LCO No. 3480 Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT CONCERNING TE LEHEALTH. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. (NEW) (Effective July 1, 2021) (a) As used in this section, (1) 1 "commissioner" means the Commissioner of Social Services; (2) 2 "department" means the Department of Social Services; (3) 3 "asynchronous", "originating site", "remote patient monitoring", "store 4 and forward transfer" and "synchronous" have the same meanings as 5 provided in section 19a-906 of the general statutes; and (4) "telehealth" 6 means the provision of health care or other health care services via 7 information and communication technologies to facilitate the diagnosis, 8 consultation and treatment, education, care management and self-9 management of a patient's physical and mental health, and includes, but 10 is not limited to (A) interaction between the patient at the originating 11 site and the telehealth provider at a distant site, and (B) synchronous 12 interactions, asynchronous store and forward transfers or remote 13 patient monitoring. "Telehealth" does not include the use of a facsimile, 14 a text messaging device or electronic mail. 15 Raised Bill No. 6472 LCO No. 3480 2 of 3 (b) Notwithstanding the provisions of sections 17b-245c, 17b-245e 16 and 19a-906 of the general statutes, the commissioner shall provide 17 coverage under the Medicaid program for telehealth services in 18 accordance with this section and to the extent permissible under federal 19 law for a period of two years ending on June 30, 2023. The commissioner 20 shall provide Medicaid reimbursement for services delivered via 21 telehealth to the same extent as if the service was delivered in person, 22 including, but not limited to, audio-only telehealth services when (1) 23 such services can be delivered in a clinically appropriate manner, as 24 determined by the commissioner, by means of a telephone, or (2) when 25 a patient is unable to connect with telehealth providers by video due to 26 access barriers, including, but not limited to, lack of technology, 27 equipment or Internet access. 28 (c) The commissioner shall not (1) impose higher patient cost sharing 29 or more stringent prior authorization standards for telehealth services 30 than in-person services, (2) limit coverage under the Medicaid program 31 based on the provider's or patient's location during telehealth services, 32 (3) prohibit a physician-patient relationship from being established via 33 a telehealth visit, (4) prohibit a patient from providing consent to 34 services or procedures verbally during a telehealth visit, or (5) limit 35 coverage to an existing patient. 36 (d) The commissioner shall require that the transmission, storage and 37 dissemination of data and records related to telehealth services be in 38 accordance with federal and state law and regulations concerning the 39 privacy, security, confidentiality and safeguarding of individually 40 identifiable information. 41 (e) Not later than February 1, 2023, the commissioner shall submit a 42 report, in accordance with the provisions of section 11-4a of the general 43 statutes, to the joint standing committees of the General Assembly 44 having cognizance of matters relating to human services and public 45 health on (1) whether the expansion of telehealth services pursuant to 46 this section has increased access to health care among Medicaid 47 beneficiaries, (2) regions of the state that have experienced an increase 48 Raised Bill No. 6472 LCO No. 3480 3 of 3 in access due to the expansion of telehealth services, (3) any cost savings 49 realized by the state for nonemergency transportation or other services 50 related to the expansion of telehealth services, and (4) recommendations 51 concerning whether Medicaid beneficiaries would benefit from a 52 permanent expansion of telehealth services in accordance with this 53 section. 54 (f) The commissioner may implement policies and procedures as 55 necessary to carry out the provisions of this section while in the process 56 of adopting the policies and procedures as regulations, provided notice 57 of intent to adopt the regulations is published in accordance with the 58 provisions of section 17b-10 of the general statutes. 59 This act shall take effect as follows and shall amend the following sections: Section 1 July 1, 2021 New section Statement of Purpose: To expand telehealth services for Medicaid beneficiaries for a period of two years and study whether the benefits of expanding such services should be made permanent. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]